Kalonzo-Kibaki deal and Kenya’s stolen 2007 election as explained by insider Joe Khamisi’s “Politics of Betrayal”

The Politics of Betrayal; Diary of a Kenyan Legislator by former journalist and MP Joe Khamisi was published early in 2011 and made a big stir in Nairobi with portions being serialized in The Nation.  Khamisi is definitely not your average politician in that he got a journalism degree from the University of Maryland, worked for years as a journalist, and became managing director of the Kenya Broadcasting Corporation and worked in the foreign service before being elected to parliament from Bahari on the Coast in 2002.

Khamisi was part of the LDP, the Liberal Democratic Party, and in 2007 became an ODM-K insider with Kalonzo.  While there is inherent subjectivity in a political memoir from one particular actor, Khamisi’s background in journalism serves him well.  While I cannot vouch for his accounts of specific incidents that I do not have any direct knowledge of, and I do not necessarily agree with his perspective on some things and people, he seems to try to be fair and there is much that he writes that rings true to me from my own interactions and observations in the 2007 campaign.

From his chapter on “The Final Moments” of the 2007 race, at page 223:

It needs to be said at this point that Kalonzo’s appointment as Vice President was neither an afterthought by Kibaki, nor a patriotic move by Kalonzo to save the country from chaos.  It was not a miracle either.  It was a deliberate, calculated, and planned affair meant to stop the ODM from winning the presidency.  It was conceived, discussed and sealed more than two months before the elections.  It was purely a strategic political move; a sort of pre-election pact between two major political players.  It was a survival technique meant to save Kibaki and Kalonzo from possible humiliation.

In our secret discussions with Kibaki, we did not go beyond the issue of the Vice Presidency and the need for an alliance between ODM-Kenya and PNU.  We, for example, did not discuss the elections themselves; the mechanisms to be used to stop Raila; nor did we discuss whether part of that mechanism was to be the manipulation of the elections.  It appeared though that PNU insiders had a far wider plan, and the plan, whatever it was, was executed with the full connivance of the ECK .  What happened at the KICC tallying centre–even without thinking about who won or lost–lack transparency and appeared to be a serious case of collusion involving the ECK and officials at the highest levels of government.  It was not a coincidence that the lights went off at the very crucial moment when the results were about to be announced; nor was it necessary for the para-military units to intervene in what was purely an administrative matter.  The entire performance of ECK Chairman Kivuitu and some of the Commissioners was also suspect and without doubt contributed to the violence that followed.

One of Kenya’s business tycoons has recently written an autobiography in which he tells of heroically returning early from a family vacation when he hears of the outbreak of post election violence and then hosting a dinner getting Kibaki and Kalonzo together leading to Kalonzo’s appointment as Vice President along with rest of Kibaki’s unilateral cabinet appointments in early January 2008 during the early stages of the violent post-election standoff. That version of the story does not make a lot of sense to me relative to what Joe Khamisi as an insider wrote and published back in 2011, years closer to the fateful events.

As I wrote early this year:

If you have not yet read Joe Khamisi’s Kenya: Looters and Grabbers; 54 Years of Corruption and Plunder by the Elite, 1963-2017 (Jodey Pres 2018) you must. It sets the stage in the colonial era and proceeds from independence like a jackhammer through scandal, after scandal after scandal upon scandal.

Read a great review by Tom Odhiambo of the University of Nairobi in the Daily Nation here.

Both of these books, and Khamisi’s other works are available at Jodeybooks.com.

Nairobi’s Star publishes extraordinary story using SECRET 2009 Cable about Amos Wako corruption issues published by Wikileaks in 2010 to explain U.S. visa ban and designation

Read here from The Star: “What Ranneberger told Washington about Wako on corruption”.

Update Nov. 19, see the follow-up: “10 big names join Wako on US travel ban“.

When Wikileaks first published the mass of stolen State Department cables in late 2010 while Michael Ranneberger was Ambassador to Kenya The Star to my recollection did not write any stories from them–including about this 2009 cable, classified SECRET, on the Amos Wako issues. Of course it was more timely then and Wako was still serving as Attorney General.

The Star and The Standard both stayed away from direct coverage of material from the leaked cables, while The Nation did a small number of Kenya stories–not including this Wako subject matter–before quickly backing off.

The most topical of those for me back in 2011 was a Nation story revealing that in early 2008 the US had issued undisclosed (and unknown to me) visa bans against three members of the Electoral Commission of Kenya based on substantial evidence of bribery. The State Department has never to this day acknowledged knowing about the bribery at the ECK in the 2007 election and the publication of such stories in the Nation quickly dried up. (I was told of ECK bribery by another diplomatic source in January 2008.)

Back in the States in my job in the defense industry (with my security clearance) I was told by a friend in the Kenyan media that I had been “sweetly vindicated” on my public contradictions with the Ambassador in the New York Times and otherwise about the 2007 election but the “Wikileaked” cables were not available to me due to the obligations of my security clearance. Readers of this blog will know that I started the process of requesting related information through the Freedom of Information Act in 2009, more than a year before Wikileaks hit, and that I have received released versions of some of the same Cables that Wikileaks published unredacted.

I learned in real time that Ranneberger expressed active displeasure with The Star for publishing a story in February 2008 on the leaked USAID/International Republican Institute exit poll showing an opposition (Odinga) win in the December 2007 election, so I always assumed that it was likely that the Kenyan newspapers received diplomatic encouragement not to publish independently from the stolen cables.

Clearly the Trump Administration has had quite a very different approach with Wikileaks than the Obama Administration did back in 2010 and Ranneberger is now retired from Government himself and working as a consultant and lobbyist looking, among other things, to influence the Trump Administration. So lots of things have changed aside from Wako moving to the Senate from the Attorney General’s office and having a leading role in the current Building Bridges Initiative.

[I will add links to my previous posts, but wanted to go ahead and get this up.]

See “Part Seven — one last FOIA Cable on the 2007 exit poll“:

. . . .

The quest for accountability to Kenyan voters has remained unanswered sadly.  A news story in the Daily Nation in 2011, in the final item on my chronology of links to coverage of the Kenyan election, reports from an alleged leaked cable that ten days before this February 18, 2008 meeting at the Ambassador’s residence, the State Department issued “visa bans” against ECK members based on evidence regarding bribery–but did not disclose this circumstance, or the evidence, at this [Feb 18] meeting (I checked with a participant).  We, the United States, made clear that we were willing to step up financial and rhetorical support for reforms in Kenya–such as the new constitution–under a deal in which the new Kibaki administration shared power with the opposition under an Kofi Annan-brokered bargain–but we brushed aside the issue of the fraud in the election.

Kenya election vote counting Westlands Nairobi

Kenya Senator Amos Wako, former longtime Attorney General under Moi and Kibaki, gets US “public designation” for involvement in corruption and a second US “visa ban”

Secretary of State Pompeo released a press statement today announcing a “public designation” by the United States of former Attorney General Amos Wako, along with his wife and son, for evidence of involvement in significant corruption, seemingly from his time as Attorney General. Wako served during both the Goldenburg and Anglo Leasing corruption scandals.

Recent news finds the successful Goldenburg scam architect Kamlish Pattni obtaining a court judgement for additional funds from the Government relating to incompetent prosecution endeavors against him. Also we read this week that more than Switzerland has been holding frozen funds related to the Anglo Leasing scandal which have not

The previous visa ban on Wako under U.S. Presidential Proclamation 7750 of 2004, was legally confidential, but was announced by then-Ambassador Michael Ranneberger in a Tweet in November 2009. Wako publicly acknowledged the ban for alleged failure to cooperate with reforms in the wake of the Post Election Violance following the 2007 election and announced he would sue to have it lifted. It is unclear when that ban was lifted, although it must have been a some point. As of December 2015 then-Ambassador Robert Godec told The Standard that there were several Kenyans barred from the US under Presidential Proclamation 7750.

In early 2008, according to a Daily Nation report said to be from Wikileaks, the US banned three Kenyan member of the Electoral Commission of Kenya based on evidence of bribery, but the US has never made any type of disclosure of that action or the underlying Election Commission bribery issue although I was told separately of ECK bribery by non-US diplomatic sources in the course of my work for the International Republican Institute during the Post Election Violence.

Reviewing the 1992 Election Observation Report from the International Republican Institute for my last post I noted that Attorney General Wako was accused by IRI of being “responsible for egregious pre-election irregularities related to the election framework” along with many of the District Commissioners.

Kenya’s Moi hired Paul Manfort and Roger Stone’s firm to lobby the National Democratic Institute and others ahead of 1992 election

Back in the 2008 presidential campaign between John McCain and Barack Obama, Senator McCain got some criticism for using Charlie Black, previously of the Black, Manafort, Stone & Kelly firm as a campaign consultant in part because of the firm’s background in lobbying in Washington for various dictators like Moi and Mobutu of African nations and Marcos of the Philippines. More recently, the spotlight has shifted to Paul Manafort and Roger Stone from that storied firm who have been convicted recently of multiple felonies related to their service to Donald Trump’s 2016 campaign and in Manafort’s case also involving money laundering associated with more recent work for a Russian oligarch in Ukrainian politics.

Washington reporting that I saw during the 2008 campaign noting the Black, Manafort Stone & Kelly work for Moi had a significant oversight in accepting spin that the Moi relationship had concluded with the end of the Cold War and the beginning of active U.S. support for democratization in Africa, including the push on Moi to legalize non-KANU parties, which came to fruition in the December 1991 legalization of political opposition.

My guess is that reporters relied on an incomplete aggregator rather than going directly to the original Foreign Agent Registration Act filings (online at www.fara.gov). Regardless, the point is that Black, Manafort Stone & Kelly made a third filing for Kenya under Moi for March 1, 1992 to February 28, 1993 that covers Moi’s December 29, 1992 re-election. Along with the U.S. Executive and Legislative branches, Black Manafort Stone & Kelly were to lobby the IMF and World Bank and “public interest and activist groups such as the Black Caucus, Africa Watch, Environmentalists, National Democratic Institute, Civil Rights Lawyers, African-American Institute, Article 19 (journalists) and other activists and public interest groups.”

[Another discrepancy is that the summary list on the Justice Department website lists an incorrect name, a successor firm, for the Black, Manafort Stone & Kelly, Inc. filing for 1992-93.]

As I have written previously, see “My Joel Barkan Tribute“, US Ambassador Smith Hempstone, a George H.W. Bush political appointee, wrote in his memoir Rogue Ambassador that he had recommended to Moi that Kenya allow the National Democratic Institute (NDI) to observe that first post-independence multi-party election featuring FORD-Kenya (Jaramogi Oginga Odinga), Ford-Asili (Kenneth Matiba) and the Democratic Party (Mwai Kibaki) among others challenging Moi’s KANU. Moi vetoed NDI for the Election Observation Mission but went ahead to invite “sister organization” the International Republican Institute (IRI) for whom I served years later in 2007-08 as Resident Director for East Africa in Nairobi.

IRI and NDI are private District of Columbia not-for-profit corporations established originally at the Republican and Democratic National Committees, respectively. Along with two other special purpose democracy assistance not-for-profits associated with two other parents, the United States Chamber of Commerce and AFL-CIO (an affiation of labor unions), these four “core institutes” receive funding from the National Endowment for Democracy or NED, pursuant to 1983 legislation. NED receives direct funding from the United States Government and is also able to raise private donations, as are the four “core institutes”.

It never came to my attention one way or the other whether Black, Manafort, Stone & Kelly consulted Moi on the decision to reject NDI in favor of IRI or what Moi’s considerations might have been in taking that position. Nor of the State Department, USAID and/or others in the US Government and in IRI in going along.

Moi was re-elected according to the Electoral Commission of Kenya with approximately 36% of the vote.

The election was seen as badly flawed but nonetheless representing “the will of the people”. Presumably that would mean a recognition that within a year of opposition being legalized and with State resources deployed on behalf of Moi, a good 2/3 of Kenyans wanted to replace him, but without a runoff or a pre-election “deal” among the fledgling opposition parties Moi would be able to keep power and claim to have switched from a single-party authoritarian system to a “democratic mandate” without giving up power or persuading a majority of Kenyans that he deserved it.

After Bill Clinton defeated President George H.W. Bush and Ross Perot in the November 1992 elections, Bush launched Operation Restore Hope, landing Marines and Navy Special Forces on the beach in Somalia December 9 leading UNITAF, a new UN humanitarian mission to replace UNISOM I, the ultimate predecessor of the current AMISOM which began in 2007. See an early official postmortem on Operation Restore Hope from the United States Institute for Peace here.

In Kenya after 27 years the Moi family remains prominent in political and business matters in Kenya with the son of Moi’s original benefactor Jomo Kenyatta eventually succeeding Moi as president in 2013 after a 2003-2013 interregnum under Mwai Kibaki who was Moi’s Vice President for the first ten years of his presidency from 1978 to 1988.

Bechtel Mombasa-Nairobi Expressway project background

Ambassador McCarter has been engaging with Kenyans on Twitter following an Embassy media release on US support for the proposed Mombassa-Nairobi expressway.

For background:

U.S. withholds funding for Sh. 300 billion Mombasa-Nairobi expressway. This was the news on May 27, 2019, as reported from A1Autoservice,Ltd.com:

Nairobi-Mombasa expressway funds stalled 

The US Government has temporarily shelved funding for the proposed Sh. 300 billion Nairobi-Mombasa expressway over cost implications. The construction of the 485-kilometre road to ease perennial traffic snarl-ups was to be done by American engineering firm Bechtel after Kenya and US struck a deal during last year’s meeting between Presidents Donald Trump and Uhuru Kenyatta at the White House. The US ambassador Kyle McCarter, said the US was scrutinising the proposal to establish whether Kenyans would get value for their money. He said the cost was in question at a time when the country is struggling with piling debt. 

Responding to queries whether Bechtel had lost the contract to China, McCarter said: “Bechtel did not lose the deal, we are still working on the finance. Kenya has a challenge of debt and we are wary of burdening Kenyans”. “We did not want to sign onto a project whose cost would turn out to be three to four times higher than the actual. We want to ensure there is an honest return on investment for Kenyans before we break ground.” 

In 2015, PriceWaterhouseCoopers (PwC) — in a feasibility report — indicated that the costly project was viable.McCarter said US zero tolerance for corruption forced them back to the drawing board and would only embark on the project once they are satisfied it guarantees value for money for Kenyans and will not sink the country deeper into debt. 

The envoy affirmed US support for the war against corruption and termed the plunder of public coffers an act of outright thievery. “Calling it corruption makes it mystical, like those behind it share the proceeds with the nation. But the truth is that it is simply taking what is not yours and that is thievery,” he said. 

The proposed road will be a dual-carriage motorway with four lanes to ease congestion and cut travel time between the two cities from the current 10 to about four hours.It will run parallel to the current Nairobi-Mombasa highway and will help promote trade and movement in Kenya and the neighbouring countries of Uganda, Rwanda, Burundi, DRC and South Sudan. 

Working documents on the project show that it is expected to start any time after the June budget release.Bechtel estimates that construction of the expressway will create 500 jobs and involve local businesses supplying up to 100,000 tonnes of cement and 40,000 tonnes of steel.

Here is a digest of stories on the project from July 2017 to July 2018:

The battle for road tenders hots up as U.S. giant opens Nairobi office, Construction Kenya, July 11, 2017:

. . .

As a starting point, the US construction giant has already expressed its interest in the forthcoming expansion of the 485-kilometre Mombasa-Nairobi highway into a six-lane dual carriageway.

The US Export Import Bank is strongly pushing Bechtel to secure the contract in an arrangement similar to that of the China Export Import Bank where the Asian bank funds projects contracted to Chinese firms.

“With the support of the US government agencies such as Overseas Private Investment Corporation (OPIC) and the Export-Import Bank, we can provide solutions to move this critical project forward quickly with a high standard of quality,” Mr Patterson added.

The entry of Bechtel – along with its financial backing by the US Exim Bank – will complicate matters for Chinese multinationals who have been winning all tenders for projects financed by the China Exim Bank. . . .

U.S. firm wins deal to build Kenya’s first high speed highway, Construction Kenya, Aug 17, 2017:

US-based engineering firm Bechtel International Inc. has signed a Sh230 billion commercial agreement with the Kenya National Highways Authority (KeNHA) for construction of a 473-kilometre Nairobi-Mombasa high-speed expressway.

KeNHA director general Peter Mundinia said the signing of the deal has paved the way for the next stage of mobilisation of financing from export credit agencies in the United States of America.

. . .

It is expected that agencies such as the US Export-Import Bank and the Overseas Private Investment Corporation (OPIC) will finance the project.

“It is projected under the proposed commercial contract that the 473km highway will be completed in ten sections within the next six years,” Mr Mundinia said.

The first section, from the junction with Namanga Road near Kitengela will have an interchange near Konza ICT City and a spur road to Kyumvi (Machakos Turnoff) on Mombasa Road. This section is anticipated to open to traffic in October 2019. . . .

U.S. rejects Kenyan press criticism of $3B Bechtel roads deal, Global Construction Review, Sept. 25, 2017:

The US embassy in Kenya has rejected a newspaper’s criticism over a $3bn road contract awarded to Bechtel without competitive bidding.

The embassy said the Nairobi-to-Mombasa expressway had been under discussion for two years, and had been evaluated to ensure Kenyans receive value for their money. 

It also rejected press claims that the award was a “thank you” to the US for its political support of the Uhuru Kenyatta government. 

On 13 September, the day after the article appeared, the embassy tweeted: “US private firms (bound by US anti-corruption laws) investing in Kenya’s future bring jobs, tech transfer and development. This expressway has been under development for two years to bring best value. The US embassy does not and will not give political favours for commercial deals. On Kenyan election 2017, we’ve been and will continue to be strictly neutral.”

Kenyan government officials also defended the Bechtel deal. Peter Mundinia, director general of the Kenya National Highways Authority (KeNHA), said on 18 September that Bechtel was selected because of its experience of handling large infrastructure projects “over 119 years”.

He added that the Kenyan government had entered into an agreement with the US government in July 2015 whereby US companies would develop key infrastructure projects with US funding.

The US and Kenyan authorities were responding to an article in Kenya’s Financial Standard newspaper that questioned the way the project was announced and quoted from a Ministry of Transport briefing, carried out before the contract award, which argued the project should be put out to tender as a public–private partnership (PPP).

The Standard highlighted the fact that contract for the 473km A8 expressway between Mombasa and Nairobi was announced three days before the 8 August general election, and broke with established practice by being made without a Ministry of Transport press conference or an announcement from the president’s office. 

Instead, the announcement was made on a Saturday afternoon when government departments are usually closed, and made no mention of the project’s estimated price. 

The newspaper drew a comparison with the way the government had awarded the country’s standard gauge railway (SGR) scheme to Chinese contractors before the 2013 general election. In both cases the winner was appointed without putting the work out to competitive tender. 

In the SGR case, the choice was determined by the fact that China was making the funding available for the line; in the case of the motorway, the motive was to thank America for an “unspecified service” that the US had done for Kenya, according to unnamed “government insiders” quoted by the Standard.

According to the Standard there are now concerns within the Kenyan government over the amount of debt the country is taking on. The combined cost of the rail and road link between the country’s main port and the capital is likely to be at least $6.7bn, or almost 10% of the country’s GDP.

The controversy comes at a sensitive time in Kenya after the results of the 8 August election, which recorded a victory for the country’s incumbent president Uhuru Kenyatta, were annulled by Kenya’s Supreme Court on 1 September. 

The court cited irregularities and illegalities in the transmission of results and ordered the election to be held again within 60 days. It is due to take place on 26 October. Kenya has a history of serious post-election violence.

Nairobi-Mombasa expressway project dogged by serious concerns, Construction Kenya, July 4, 2018

Almost a year after Kenya signed a deal with US engineering firm Bechtel for construction of a Sh300 billion high-speed expressway between Nairobi and Mombasa, the two parties are yet to agree on how to finance the project despite a series of extremely high-level talks.

On the one hand, the Kenyan government wants the 473-kilometre Nairobi-Mombasa expressway to be completed through the Public Private Partnership (PPP) model where private investors will build and operate the facility for up to 25 years – charging toll fees – to recoup their investments and margins.

On the other hand, Bechtel International is opposed to the PPP model which it says will cost the Kenyan taxpayer Sh540 billion over next 25 years.

The company has therefore urged Kenya to undertake the project under an engineering, procurement, construction and commissioning (EPCC) contract.

Under the EPCC model, a contractor is obliged to deliver a complete facility to a developer who needs only to turn a key to start operating the facility; hence such deals are sometimes referred to as turnkey construction contracts.

But the government, which is concerned about the fast rising public debt, has made its stand clear. . . .

“We will commence detailed discussion on how the financing approach will be undertaken under that project. We will be discussing modalities, financing structuring and the details for us to be clear on how to undertake this project,” Treasury secretary Henry Rotich said on Tuesday.

US response to South Sudan corruption: a shoe drops

New action today on South Sudan corruption today, offering hope on the question from my last post “How quickly will the United States Government act in “analysis, evaluation and investigation” of The Sentry report on South Sudan?

Statement from The Sentry: “US Sanctions Al-Cardinal, Tycoon Named in Reports of The Sentry“:

October 11, 2019 (Washington D.C.) — Today, the United States placed sanctions on Ashraf Seed Ahmed Hussein Ali, widely known as Al-Cardinal, a tycoon with ties to the U.S., UK, and UAE.

Today’s action by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) target Al-Cardinal and his network of businesses, and come in the wake of two recent investigative reports by The Sentry “The Taking of South Sudan” and “Al-Cardinal: South Sudan’s Original Oligarch,” that detailed the business activities of Al-Cardinal, among others, and urged governments to sanction him and his networks.

. . . .

Joshua White, Director of Policy and Analysis at The Sentry, said: “The Sentry applauds today’s action by the Department of the Treasury, which should serve as a warning to the financial facilitators and commercial enablers of corrupt South Sudanese elites that they will lose access to the dollar unless they cease doing business that funds violence in the country. The United Kingdom and other European countries, as well as those in the region, should follow suit . . .

. . . .

The Sentry’s investigation found that Al-Cardinal has exploited opaque procurement processes, weak oversight institutions, and cozy relationships with South Sudan’s most powerful politicians to line his own pockets.

“A major enabler of corruption and violence for President Salva Kiir’s government,” according to the The Sentry’s reporting, Al-Cardinal has been embroiled in major procurement scandals, set up private businesses with ruthless military generals, imported military equipment during a bloody civil war and landed lucrative contracts linked to the implementation of the peace deal in South Sudan.

Read the full report “Al Cardinal: South Sudan’s Original Oligarch”: https://eno.ug/al-
Read the full report “The Taking of South Sudan”: https://eno.ug/

Reuters: “US imposes sanctions on two South Sudanese businessmen for fraud, bribery“:

The United States on Friday imposed sanctions on two South Sudanese businessmen, Ashraf Seed Ahmed Al-Cardinal and Kur Ajing Ater, for their involvement in bribery, kickbacks and procurement fraud with senior government officials, the Treasury Department said on Friday.

After the U.S. Treasury Department imposed sanctions on Benjamin Bol Mel, a key adviser to the South Sudanese president, in 2017, Mel used an account in the name of the companies of Al-Cardinal to evade sanctions and store personal funds, the Treasury Department said in a statement.

In early 2019, the South Sudanese government paid millions of dollars to a company owned by Al-Cardinal ostensibly for food, but that in fact was routed to senior South Sudanese government officials, the Treasury Department said. . . .

How quickly will the United States Government act in “analysis, evaluation and investigation” of The Sentry report on South Sudan?

On October 2, Assistant Secretary Tibor Nagy, the top U.S. diplomat assigned to Africa, conducted a post-UN General Assembly telephonic press briefing and availability for journalists in various Embassies on the continent. Read the full transcript here.

There were a striking number of questions about Sudan and South Sudan, but I thought this was most pertinent:

QUESTION: Okay, I can talk? All right, my name is Emmanuel from Eye Radio in Juba. I believe Mr. Tibor, you have come across the recent report that was released recently by The Sentry about implicating some South Sudanese top government officials and actually come out with recommendations to the U.S. government, so what is your current recommendations?

ASST. SEC. TIBOR NAGY: Thanks very much for raising that. Because I know the people involved in The Sentry very well. As a matter of fact, one of the key people John Prendergast, I have known and respected for a very long time. Our Department of State, U.S. government, we welcome the Sentry’s efforts to bring light to corrupt practices in South Sudan. We know for a long time that there’s been quite a relationship between corruption and conflict, unfortunately. Innocent people have suffered. The United States will very carefully review the material presented and the recommendations in The Sentry report and as you all know, the United States of America maintains the right to use all of the tools available whether diplomatic or whether financial or anything else to respond.

Right now there are allegations, they’re very serious allegations but they do require some careful analysis, evaluation and investigation. Thank you very much, over and out.

Here is the link to The Sentry report, “The Taking of South Sudan“.

So before the “over and out” Asst. Sec. Nagy does commit the US to “very carefully review the material presented and the recommendations” but it is a bit ambiguous as to whether he is committing the US to the next step of “investigation” that he says is “required” since he characterizes the report’s findings as “allegations”.

My gut reaction is to think of Asst. Sec. Nagy as someone who would like us to conduct ourselves well when it comes to underwriting the type of conduct outlined in The Sentry report (although I don’t know him at all nor was I familiar before he was tapped for this job from retirement). At the same time, you don’t make a life as a diplomat without learning to carefully say very little and make it sound like it is more for those who want something enough to hear it. So, how quickly will we do our review/analysis/evaluation? What will we do next? How quickly will we investigate? Will we send the FBI? Career Justice Department prosectors? Alternatively, the Attorney General?

Grateful that President Bush did not press President Kibaki to have to Government of Kenya investigate Senator Obama’s “birth certificate”

While I cannot prove the negative from personal knowledge, I think we can be assured that such a gambit–President George W. Bush leaning on Kenya’s President Kibaki using the leverage of American foreign assistance to Kenya to investigate Barack Obama as the potential Democratic nominee in the next US election–did not happen.  But absent some sense of “boundaries”, a recognition of a difference between the foreign relations of the United States and the conduct of personal affairs and partisan political campaigns, why not?

Birther John Corsi in Kenya to investigate Senator Obama

Author of “Obamanation” and “Where’s the Birth Certificate” Jerome Corsi in Kenya during my tenure at the International Republican Institute

See “My writing on my experience with the birth of “Birtherism” and Trump’s foreign policy.

Here is my piece from last year in The Elephant discussing the origins of Birtherism in the 2007-08 election campaigns in the United States and Kenya and their enduring legacy in American politics: “FROM BIRTHER TO MORE OF THE SAME: American foreign policy in the age of Trump and its impact on Kenya.”

See also American diplomatic perspective on Obama’s Kenya visit and a few personal thoughts.

Remembering Dr. Joyce Laboso and Jerry Okungu and Rift Valley Rural Women Empowermen

Kenya Rift Valley Rural Women Empowerment NetworkRift Valley Rural Women Empowerment Network – Jerry Okungu seated in front row, far right, Dr. Joyce Laboso standing in second row, in white ball cap, 2nd from right

Dr. Joyce Laboso, who died in July while serving as Governor of Kenya’s Bomet County, and Jerry Okungu, the late journalist, columnist, media consultant and publisher, were favorites from working with them through the International Republican Institute in 2007 before that years’ election. Sadly they have both been lost to cancer at much too early an age.

Jerry worked with us as a consultant doing media and communications training and I travelled with him to conduct multiday programs at Edgerton University in the Rift Valley and Garissa in then North Eastern Province. My next post will be a more involved tribute to Jerry who died in January 2014. In the meantime, see his obituary from Citizen TV. Jerry and I kept up in later years and I have always regretted that we missed getting together again in person as we had hoped.

During the months leading up to the 2007 election, we at the IRI East Africa office were on a relative shoestring. Our primary Kenya work was our National Endowment for Democracy country program which was focused on training women and minority members who aspired to run for parliament. So we latched onto the invitation to work with the UN-supported Rift Valley Rural Women Empowerment Network to provide training and encouragement. We engaged Jerry to provide media and communications training.

At the time, Dr. Laboso’s sister Lorna was running for parliament in Sotik and was nominated by ODM and elected. I got to spend time with Joyce who was especially helpful to me as a newcomer in understanding the “bad old days” (my term not hers) when she spent years as a student and graduate student in England, but at home could not safely even mention in public the name of the then-President. She also helped me understand a bit about “intra-Kalenjin” politics (she was Kipsigis). An ODM wave was coming in the Rift Valley that year and a number of women candidates were part of the perceived post-Moi “change”.

Sadly, Joyce’s entry into elective politics herself later in 2008 came about from two untimely deaths.

The first was on the morning of January 31, 2008 (during the post election violence). David Too of Ainimoi Constituency became the second ODM Member of Parliament to be shot dead since the election. Too was shot by a policeman who also shot and killed a policewoman Too was with in a car. During that time the strategy of Kibaki’s PNU during the post election violence period was to consolidate power by drawing away (or down) the ODM margin in Parliament that allowed the narrow election of ODM’s Kenneth Marende as Speaker (and Marende’s elevation cost ODM one seat). Kibaki had appointed third-place candidate ODM-Kenya’s Kalonzo Musyoka as Vice President (according to Joe Khamisi part of a pre-election deal he negotiated with Stanley Murage representing Kibaki), and KANU’s Uhuru Kenyatta as Minister of Local Affairs. Kenyatta and “Retired President” Moi had endorsed Kibaki by August and aligned KANU with Kibaki’s new PNU when it was formed in September, even though Uhuru remained “the leader of the Official Opposition”. (This sticks in my mind in part because I met with new Speaker Marende at his request that morning and the news of Too’s killing hit shortly before I arrived.)

(In October 2009, Judge David Maraga, elevated to Chief Justice of the Supreme Court in 2016, found the killer guilty of reduced charges of manslaughter in the killings of both the policewoman and MP Too. Maraga found the downgrade from murder to manslaughter warranted by the lack of intent indicated by “provocations” of both jealousy and self-defense.)

Unfortunately, on February 1, the day after Too’s killing and my meeting with Speaker Marende, I was told that IRI back in Washington had made the decision not to release the exit poll contradicting the presidential totals announced by the Electoral Commission of Kenya shortly before Kibaki’s swearing in on December 30 (per our agreement with USAID release of the results for this exit poll, the third in a series, was to involve consultations with the Nairobi mission that included diplomatic considerations, although there have been some claims that these did not occur for unexplained reasons.) Following that news I was constrained in my ability to interact freely with Kenyan politicians—and on Speaker Marende’s request that I meet with Kofi Annan to encourage the mediation process—since I was not willing to go along with telling anyone the exit poll was “invalid” per the “official line”.  I ended up going home in May when my temporary duty with IRI was up without initiating goodbyes to Joyce or most of the others that I might have.

Raila and Kibaki agreed to their “peace deal” for power sharing on February 28 and it held in spite of the lack of support from some leaders and on the back benches on Kibaki’s PNU side who still wanted to try to wrangle a working majority in parliament, engineer a vote of “no confidence” against the new Prime Minister and re-take full control of government.

Tragically, in June 2008, Joyce’s sister, the Hon. Lorna Laboso, along with her colleague Kipkalia Kones, in his fifth term from Bomet and serving as Roads Minister, were killed when their light plane from Nairobi crashed on a trip to campaign for the ODM candidate in the special election to replace David Too in Ainimoi Constituency. Lorna was remembered as a a pioneer of women in politics and for campaigning against the cultural practice of female genital mutilation among the Kipsigis . (Both she and Kones were mentioned for allegations of backing politically related violence in PEV period but of course there were never any legal proceedings; that part of the February 28 “peace deal” ultimately failed and we are left with the muddle of mass informal immunity among the living, and questions about others, for the mass violence.)

It was this sequence that led Joyce to step up as a candidate in the special election that September to fill Lorna’s Sotik seat. I sent condolences on her sister’s death and congratulations on her special election, and but we never interacted again so I am left with appreciating her as a pre-political leader and not knowing what she thought about the various twists and turns of her own career in politics, sadly cut short by cancer as too many others.

How on earth did USAID in Kenya end up helping to finance Michuki’s imperial Windsor Golf Hotel and Country Club? (revised)

(The end of this post has been revised to reflect skepticism about an allegation by Kenya’s Minister of Natural Resources in 1998 that land for Windsor was irregularly allocated to Michuki from Karura Forest based on the geographic separation between Windsor and the Forest.  Not a central issue, but I want to be as fair as possible.)

This very interesting piece of diplomatic and development history is noted in a recent oral history interview by a former USAID official, Kiertisak Toh, which I have introduced and excerpted below. I have not found reference in the Kenyan or U.S. media to the USAID role in this high profile development started in 1988.

For John Michuki, the Kenyan baron of the Windsor Golf Hotel and Country Club and Kibaki’s Interior Minister during my time in Kenya, please see my post on the occasion of his passing in 2012: “The Michuki Rule, and personal memories: Independence Day, snakes and freedom” and “Don’t forget about the Standard raid“. See “Trust and Accountability: Africa Center for Strategic Studies scholar discusses steps to a peaceful election” with thoughts about his impact on the post election violence. More expansively, for a politico/business biography with an eye to multiplicity of controversies over the years, see “Who is John ‘Kimeedero’ Michuki?” at The Kenya-Stockholm Blog. “Death of an old guardsman” from The Economist:

But as the country’s internal security minister, his hands were covered in blood. He was implicated in mass extrajudicial killings in 2007, in which hundreds of young Kenyan men were shot in the back of the head or bludgeoned to death for their alleged involvement in the Mungiki organised crime gang. And in 2006 Mr Michuki made a fool of himself by bringing to Kenya a pair of Armenian gangsters to shut down newspapers and television critical of the government. Since then, the country’s media have operated more or less freely.

To many Mr Michuki was a bridge to an older Africa. The space between tribal traditions and the palatial Windsor Golf Club, which Mr Michuki built at the north end of Nairobi, can be measured in his life span. He was born in 1932 into a large polygamous Kikuyu family. Orphaned as a child, Mr Michuki left his rural home for Nairobi. He found work in a uniform shop sewing on buttons before battling his way through primary and secondary school. He was loyal to the crown in its bloody hammering of the Mau Mau insurgency. Choosing the British over his countrymen set him at odds with the founding myth of Kenya, but Mr Michuki was too intelligent and “no nonsense” to let it hinder his career. He won a scholarship to Oxford, and became a district commissioner. He was put in charge of newly independent Kenya’s treasury. He ran the Kenya Commercial Bank and got involved in politics. Like the then attorney-general, Charles Njonjo, Mr Michuki had an Anglophile sense of things “being done properly.”

To Mr Michuku, that meant keeping his buttons polished and being on time, but it did not mean transparency. He was part of the cabal of Kikuyu and Meru politicians, intelligence officers and businessmen who ran a state within a state and turned a blind eye to dodgy land and business dealings. President Mwai Kibaki yesterday called Mr Michuki a “true family friend and a dependable ally.” The shame was that his acuity and vigour were not more often put at the service of the common man. . . .

The Windsor Golf Hotel and Country Club is explicitly neocolonial. No one’s heart is going to bleed for the British Royal Family over the cultural appropriation but as an American taxpayer, I feel a bit wretched on learning my “assistance dollars” were used directly instead of just indirectly to subsidize Kenya’s oligarchs in this way. (Disclosure: I have been a member of a private golf club myself, years ago, although I gave it up when I had children. But I am also aware of a variety of laws and regulations in the United States designed to keep governmental development and tax subsidies away from underwriting golf courses, even those that are far less exclusively targeted to the rich than Michuki’s Windsor.) [And, yes, I understand we are spending millions on President Trump’s golf resorts, and I object to that accordingly; that is straightforward self-dealing by our chief executive himself, rather than a misallocation of meagre development resources from poor to rich.]

I highly recommend reading the full Toh oral history interview for anyone interested in understanding the course of relations between Kenya and the United States from the mid-1980s through 2005, as well as one insider’s perspective on the tension between democratization and economic development assistance goals (Toh is an economist by background and initially worked in that capacity for USAID before rising into administration):

The Association for Diplomatic Studies and Training Foreign Affairs Oral History Project Foreign Assistance Series KIERTISAK TOH Interviewed by: Carol Peasley Initial interview date: February 9, 2018 Copyright 2018 ADST (funded by USAID Cooperative Agreement).

Toh’s positions in Kenya:

USAID/Kenya – Program Economist 1986-1989

USAID/Washington – Program Economist, Africa Bureau/East Africa 1991-1992

USAID/Kenya – Mission Director 2001-2005

. . . .

Q: Well, why don’t you talk- So, this was- you’re in Kenya in 1986 to 1989, so at that point was it a pretty good size program in Kenya, was it one of our premiere programs?

TOH: Yes, it was a high profile and one of the largest programs in Africa with big ESF [Economic Support Funds] money and CIP, Commodity Import Program. We were in the Cold War era. Kenya was considered our geopolitical and strategic partner in the region.

Q: Oh, there was a Commodity Input Program there. Oh, I didn’t realize that.

TOH: And a large- I guess we tried to make the CIP as part of the private sector development program. Kenya at the time had foreign exchange controls which were a barrier to private business to import.

Q: Ah. So, it was a large ESF program. Was that because the U.S. military was using the Port of Mombasa?

TOH: I think so. Q: Yes, okay, so there was a military link to that. So, a large ESF and that was mostly Commodity Import Program?

TOH: Yes, mostly tied to Commodity Import Program. The foreign exchange part of the CIP program provided the balance-of-payments support and the counterpart local currency served as budget support mostly tied to USAID project.

Q: Private sector development. Was the- would imports tied to any sector or anything or were they just broad- do you recall?

TOH: It was broad until 1989 when we turned part (or most, not sure) of the ESF into targeted support for fertilizer imports.

Q: Well, the importers would have been providing the local currency, right? They would have been buying the- in essence buying the dollars?

TOH: In general, we provided the dollars to the Central Bank. The idea was for the government to make it easier for importers to get import licenses and through Central Bank the foreign exchange to pay for imports. The private sector bought the foreign exchange with the local currency, Kenyan shillings, which was deposited in the special accounts at the Central Bank. The local currency legally belonged to the government. But we agreed to program these funds jointly. A big portion of the local currency went to support USAID projects and other private sector development activities..

Q: Right, okay. So, it really was to liberalize then the whole foreign exchange regime?

TOH: Right.

Q: With the local currency used for private enterprise development, did some of that go into credit programs to the banks, or do you recall? Or some of it budget support to ministries. How would it have been used, do you recall?

TOH: Part of these shillings might have been used to support microenterprise credit and loans to businesses. I remember one of the loans went to an influential Kenyan government official to help finance the Windsor Golf Club. When I went back to Kenya the third time (2001) we tried to clean up the outstanding default loan. I am not sure whether we were able to recover the loan. Our private sector development program, except for the microcredit and the CIP programs, was not well targeted. We kind of followed the “thousand points of light” approach.

Q: Women-owned micro-enterprises, because Kenya had one of the big success stories of microenterprise for women, right? KREP?

TOH: Right, yes. We had a project, I think, that helped KREP, Kenya Rural Enterprise Project. And I still have an account with KREP.

. . . .

Fundamentally, diplomacy and development, though can be complementary, are inherently different in their missions, targets, how success is measured. Diplomacy is about maintaining favorable economic and political relationships abroad; it tends to be short-term orientated and transactional. The mission of development is about saving lives and support for long-term equitable growth and poverty reduction; it tends to be concerned with long-term transformative and sustainable changes. The targets for diplomacy are political leaders and citizens where geostrategic and foreign policy interests are most significant. The targets for development are populations where potential impact on poverty, human suffering, and human development is greatest. The success of diplomacy is measured by the strength of the relationship with the U.S. and support for U.S. political priorities. The success of development is measured by the progress in terms of saving lives, reducing poverty, and enhancing equitable, broad-based economic growth.

There are a lot of interesting items to follow up on here: 1) has the Windsor loan balance been collected or not?; 2) why was this project selected and approved, how much money was involved, etc.? 3) in 1998 Minster of Natural Resources claimed in Parliament that Michuki’s Windsor Golf Hotel and the Belgian Embassy had been irregularly allocated land from Karura Forest, but the Windsor club is not adjacent to the Forest so the allegation does not seem to make sense in that way, but it would be interesting to understand the acquisition of the land. [Note: I have revised this to express skepticism about Lotado’s allegation based on the geography as raised by readers.]